0001|               HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                            HOUSE BILL 390
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO DOMESTIC ABUSE; PROVIDING FOR THE ISSUANCE OF EX
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0013|     PARTE EMERGENCY ORDERS OF PROTECTION; AMENDING AND ENACTING
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0014|     SECTIONS OF THE FAMILY VIOLENCE PROTECTION ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 40-13-1 NMSA 1978 (being Laws 1987,
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0018|     Chapter 286, Section 1) is amended to read:
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0019|          "40-13-1.  SHORT TITLE.--[This act] Chapter 40, Article 13
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0020|     NMSA 1978 may be cited as the "Family Violence Protection
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0021|     Act"."
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0022|          Section 2.  A new section of the Family Violence
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0023|     Protection Act is enacted to read:
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0024|          "[NEW MATERIAL]  EX PARTE EMERGENCY ORDERS OF
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0025|     PROTECTION.-- 
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0001|               A.  The district court may issue an ex parte written
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0002|     emergency order of protection when a law enforcement officer or
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0003|     other appointed person states to the court in person, by
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0004|     telephone or via facsimile upon a verified petition, and the
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0005|     court finds reasonable grounds to believe, that a petitioner is
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0006|     in immediate danger of domestic abuse following an incident of
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0007|     domestic abuse by a household member.
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0008|               B.  A law enforcement officer who receives an
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0009|     emergency order of protection, whether in writing or by
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0010|     facsimile transmission, from the court shall:
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0011|                    (1)  if possible, immediately serve a signed
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0012|     copy of the order on the respondent and complete the
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0013|     appropriate affidavit of service;
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0014|                    (2)  immediately provide the petitioner with a
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0015|     signed copy of the order; and
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0016|                    (3)  when necessary, provide the original order
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0017|     to the court by the close of business on the next judicial day.
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0018|               C.  The court may grant the following relief in an
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0019|     emergency order for protection upon a probable cause finding
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0020|     that domestic abuse has occurred:
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0021|                    (1)  enjoin the respondent from threatening to
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0022|     commit or committing acts of domestic abuse against the
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0023|     petitioner or any designated household members;
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0024|                    (2)  enjoin the respondent from any contact
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0025|     with the petitioner, including harassing, telephoning,
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0001|     contacting or otherwise communicating with the petitioner;
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0002|                    (3)  temporarily remove and exclude the
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0003|     respondent from the residence of the petitioner, regardless of
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0004|     ownership of the residence;
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0005|                    (4)  enjoin the respondent from contacting the
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0006|     petitioner or any household member at the residence, school and
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0007|     place of employment of the petitioner and any other specified
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0008|     place frequented by the petitioner and any designated household
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0009|     members;
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0010|                    (5)  order temporary possession or use of the
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0011|     parties' automobile or other personal effects, as enumerated by
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0012|     the court, regardless of their ownership, and direct the
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0013|     appropriate law enforcement officer to accompany the petitioner at
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0014|     a specified time to safely obtain these items or to accompany and
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0015|     supervise the petitioner's or respondent's removal of personal
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0016|     belongings;
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0017|                    (6)  grant temporary legal or physical custody of
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0018|     any minor child to the petitioner, if necessary; and
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0019|                    (7)  order other relief as deemed necessary to
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0020|     protect and provide for the safety of the petitioner and any
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0021|     designated household members.
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0022|               D.  Any designated judicial officer with authority to
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0023|     issue an order for protection shall be available for emergency
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0024|     matters as determined by each judicial district. 
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0025|               E.  An emergency order for protection expires seventy-
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0001|     two hours after issuance, unless extended after a hearing has been
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0002|     held."
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0003|                               
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